According to the Alameda County Civil Grand Jury report, an elected official told the jury that the FBI was assisting Oakland "in the reduction of its forensics testing backlog."

The grand jury learned that same official - who was not named in the report - repeated the information about the FBI at a public event. But, according to the grand jury report and Oakland police, it was not true.

Quan confirmed that she testified before the civil grand jury about the crime lab and its backlog. The city's other elected officials - eight council members, the city attorney and the city auditor - said Friday that they did not testify before the grand jury regarding the crime lab.

Quan said she didn't remember what she told the grand jury.

"I'd have to look at my notes," she said Friday afternoon while picking cherries at the Old Oakland farmers' market. "I can't remember."

Asked whether she had ever mentioned the FBI's help on the crime lab in public speeches, Quan said, "I don't remember ever saying so in a public speech."

Quan said she did remember some parts of her testimony, including the question about the backlog. The jury report found that the Oakland crime lab is severely backlogged with more than 3,500 requests for evidence analysis in cases that include homicides and rapes.

"It wasn't one of the issues I expected them to talk to me about," said Quan. "I had said that in the past, we had been sending data to different labs and it helped. We've been trying to subcontract it."

It was impossible to clarify what Quan meant before she got in her silver Lexus SUV, which is leased by the city for her use. But it contradicted what the Police Department says about outsourcing crime lab work.

The grand jury found that Oakland's crime lab is chronically underfunded. Its 22 technical staffers are well trained and highly regarded but work in an antiquated 1950s lab downtown that - with advances in technology and an increase in staffing - has greatly outgrown its 6,100-square-foot space.

Crime lab referrals

"We do not refer things because of workload," Bolton said.

The only exception is in terms of technical expertise, Bolton said.

From 2005 to 2008, the department sent out "latent prints," commonly known as fingerprints, "and that's because we lacked the ability to do the examinations ourselves."

Bolton said that the department was evaluating the grand jury report but that issues of outsourcing involve complexities, such as lab accreditation and verifying the outsourced tests.

The Chronicle has been trying for several days to talk to Quan about the grand jury report. Her staff has not made her available. On Friday, her spokesman, Zachary Gautier-Klos, told a reporter to go to City Hall at 1 p.m., but then said he didn't know Quan's whereabouts.

As the reporter ran to the Old Oakland farmers' market to find Quan, another spokesperson, Darolyn Davis, called the reporter and said, "She's in meetings."

Hatzune Aguilar, the mayor's special assistant, tried to physically prevent the reporter from talking to the mayor at the farmers' market. Quan said she was picking cherries for an evening reception at City Hall.

Not under oath

Testimony to the grand jury is not under oath and there is no legal way to sanction people who give false testimony, said Rob Warren, an Alameda County deputy district attorney and legal adviser to the county civil grand jury.

After describing what she remembered of her testimony, Quan said, "As you know ... we're not supposed to talk about what we talked about before the grand jury, so I don't know if it was me. If it was, I probably can't comment on it."

Warren and jury foreman Russell G. Miller refused to confirm whether Quan testified. But Warren said that the grand jury, at the end of the year, routinely calls department heads or elected officials who oversee a department the grand jury is investigating. Quan is Oakland's only elected official who oversees city administration, appointing the city administrator and the police chief.

Warren said the Alameda County Civil Grand Jury has not traditionally ordered witnesses to keep their testimony secret. That's particularly the case, Warren said, when it involves elected officials.